914 F.

2d 1491
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
David Franklin JONES, Plaintiff-Appellant,
v.
Edward W. MURRAY, Individually and in his official capacity
as Director of the Virginia Department of Corrections; Toni
V. Bair, Individually and in his official capacity as
Regional Administrator of the Virginia Department of
Corrections; R.M. Muncy, Individually and in his official
capacity as Warden of the Virginia State Penitentiary; H.
D. Underwood, Individually and in his official capacity as
Medical Administrator of the Virginia State Penitentiary;
Glenda Adams; H. Resnick; F. Kafka; Al Taylor; L. Price;
K. Cole; R.J. Leiston; Commonwealth of Virginia; Steven
S. Smith, Defendants-Appellees.
No. 90-6343.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 27, 1990.
Decided Sept. 25, 1990.

Appeal from the United States District Court for the Eastern District of
Virginia, at Norfolk. Robert G. Doumar, District Judge. (C/A No. 89-45N).
David Franklin Jones, appellant pro se.
Mark Ralph Davis, Office of the Attorney General of Virginia, Richmond,
Va.; Edward Meade Macon, McGuire, Woods, Battle & Boothe,
Richmond, Va.; Jean Marie D'Ovidio, Parvin, Wilson, Barnett & Hopper,

Richmond, Va.; Glen Alton Huff, Huff, Poole & Mahoney, P.C., Virginia
Beach, Va.; Steven S. Smith, Shuttleworth, Ruloff, Giordano & Kahle,
Virginia Beach, Va., for appellees.
E.D.Va.
DISMISSED.
Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:

David Franklin Jones appeals the district court's grant of summary judgment for
eight of the eleven defendants. We dismiss the appeal for lack of jurisdiction.

Under 28 U.S.C. Sec. 1291 this Court has jurisdiction over appeals from final
orders. A final order is one which disposes of all issues in dispute as to all
parties. It "ends the litigation on the merits and leaves nothing for the court to
do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233
(1945).

As the order appealed from is not a final order, it is not appealable under 28
U.S.C. Sec. 1291. The district court has not directed entry of final judgment as
to particular claims or parties under Fed.R.Civ.P. 54(b), nor is the order
appealable under the provisions of 28 U.S.C. Sec. 1292. Finally, the order is not
appealable as a collateral order under Cohen v. Beneficial Industrial Loan
Corp., 337 U.S. 541 (1949).

Finding no basis for appellate jurisdiction, we dismiss the appeal as

interlocutory. Also, we deny Jones' motion for a preliminary injunction, his
motion to compel the production of documents, and his motion for an extension
of time to further supplement his informal brief. We dispense with oral
argument because the facts and legal contentions are adequately presented in
the materials before the Court and argument would not aid the decisional
process.
DISMISSED